Air Traffic Management and Unmanned Aircraft Bill [HL]
Wednesday 12th February 2020
(4 years, 2 months ago)
Lords ChamberRead Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 10-II Second marshalled list for Committee - (10 Feb 2020)
Lord Clement-Jones (LD)
My Lords, I would like to put on record the considerable disappointment on these Benches that the Secretary of State for Digital, Culture, Media and Sport will not be making an Oral Statement on the Government’s initial response to the White Paper on online harms. I seek an assurance from the Government Chief Whip, or indeed the Government Deputy Chief Whip, that government time will be made available for a full debate on the response to the White Paper.
The Earl of Courtown (Con)
My Lords, I note what the noble Lord has to say and I will discuss it with my noble friend the Chief Whip.
Motion
Baroness Vere of Norbiton
That the House do now resolve itself into Committee.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I beg to move that the House do again resolve itself into a Committee upon the Bill.
Lord Craig of Radley
Member’s explanatory statement
Probing amendment regarding whether an unmanned aircraft flying automatically on a pre-programmed route is the responsibility of its operator, even when it is not being manually controlled at the time from the ground.
Lord Craig of Radley (CB)
My Lords, I shall speak also to Amendment 26. These are probing amendments about the phrase, in lines 8, 6 and 16 on page 64,
“the person is controlling the unmanned aircraft”
and seek the Minister’s response to a query I raised at Second Reading as to whether it would encompass all instances concerning an airborne unmanned aircraft where a constable required a person to ground it. As unmanned aircraft and drone technology advances, there may be pre-programmable types that, once airborne, will no longer be under active control from the ground.
As we advance into 5G, it might be possible for two or more individuals to have apps on their smartphones able to handle more than a single drone and passing control of them from one person to another. On a bigger scale, and as we know, this is what happens now when RAF operators controlling an RAF Predator UAV in the air over Syria from their base station in the United States pass monitoring and control to another operational team at RAF Waddington in the UK. Such control-sharing activity, scaled down, must be widely available soon, if it is not already.
With an app on a smartphone, I and many others can already turn lights or other devices on or off in our home at any time and from anywhere in the world with a wi-fi link. It will surely be possible for AN Other on the ground to switch from one UA onboard programme to another with just a smartphone. Noble Lords may have further suggestions of how and in what way drone and other unmanned aircraft capabilities will advance.
My amendment seeks to probe whether the present wording of Schedule 8, about an individual “controlling”, is sufficiently embracing to meet present and future possibilities of unmanned aircraft operational misuse that a constable wants to stop. The amendment would cover more than in-hand control while airborne, which smacks merely of attempting to deal with the single hobby-type user. Until an incident has been investigated, it may not be clear whether the operator is just a lone nuisance type, as may have happened at Gatwick, or a member of some terrorist team with advanced technology at their disposal. In other words, is the present wording of the Bill sufficiently comprehensive for a constable to act to cover all types of possible future operation that could be unlawful? Indeed, what should the constable be required to do if the operator is not physically controlling the flight of the UA? Perhaps this, too, needs to be covered for completeness, for I doubt that even my amendment would be adequate.
This is my second amendment and, as I mentioned, it is purely probing, to seek a response from the Minister to my concern that the present phrasing may be overly restrictive and so inadequate. I beg to move.
Lord Glenarthur (Con)
My Lords, I regret that I was unable to play a part at Second Reading, or indeed earlier in Committee, but I have a professional background in aviation, which some noble Lords will know about and which is declared in the register of interests, so I was particularly interested in the noble and gallant Lord’s amendment.
One thing that the civilian helicopter community does is patrol pipelines for gas, oil and all sorts of other things. Something that has begun to worry some of us is that a helicopter, for example, following a pipeline to inspect it and ensure that it subscribes to all the parameters the oil company wants of it might meet either a drone coming the other way—because drones can do that job—or a drone that is crossing the route because it is doing something else. If the necessary controls are not there, how can we ensure that the conflict is removed? Who will have responsibility for it? If the drone is autonomous and not within the geographical boundaries that have been set for it, where does responsibility lie?
These are real issues and it is the responsibility of all of us in aviation to ensure that airspace is properly managed. It concerns me, as chairman of an organisation that flies aircraft—helicopters, particularly—on these pipeline patrols, that a drone coming the other way, or crossing a pipeline and not under adequate control, could cause an accident. I hope that my noble friend will be able to reassure me.
Lord Naseby (Con)
My Lords, I think the House knows that I used to be an RAF pilot. I express some disappointment that the clerks’ department, somewhere along the line, did not add my name to this amendment and a number of others—but I have accepted the apologies of that department.
There is a vast difference between “in control” and “controlling”. I live on a hill in Sandy, Bedfordshire, and so far I have collected two drones that were, by definition, very close to being over the 400 feet and certainly not in the line of sight. I think it is very important that we differentiate between those who are actually flying the drone and those who might technically own the drone or control the company that is flying the drone, or some other definition. I hope that my noble friend on the Front Bench will recognise that this is not a superficial difference but a very significant one and that we must make sure that there is a clear definition. I thank my noble and gallant friend for raising the matter now.
Lord Berkeley (Lab)
My Lords, there is a remarkable similarity between the discussions on this amendment and the discussions we have had over the years on self-driving, autonomous cars. The only difference is that this is three-dimensional and the other one is generally two. The noble and gallant Lord, Lord Craig, and the noble Lord, Lord Glenarthur, both gave examples of a question I have long had. The noble Lord, Lord Glenarthur, mentioned two drones meeting over a pipeline or something, but the problem remains: how does a constable identify the person who is in control, or whatever? He is sitting in his car with his machine—or however he is going to do it—but how will he identify that? He cannot really arrest either the drone or the person unless he can identify them first. I hope that the noble Baroness will be able to explain this rather simple bit of logic which has escaped me so far.
Baroness Vere of Norbiton
My Lords, I thank the noble and gallant Lord, Lord Craig of Radley, for introducing this small group of amendments and giving us the opportunity to probe this wording, because it is incredibly important that we understand that the wording is fit for purpose. While I understand the intention behind his amendments, after careful consideration the Government believe that the existing wording in paragraph 1 of Schedule 8 regarding a person or persons controlling an unmanned aircraft is fit for purpose in relation to both manual and pre-programmed operations.
On Amendment 24, regarding the power for a constable to require a person to ground a UA—unmanned aircraft—a constable could exercise this power in relation to a UA performing a manual or pre-programmed operation if they had reasonable grounds for believing a person or small group of persons to be controlling that aircraft. Where this reasonable belief exists, the constable could require a person to ground the UA regardless of whether it was pre-programmed or not— hence the existing wording is sufficient for the power to be effective in the circumstances envisaged by the noble and gallant Lord.
A similar issue arises in Amendment 26; again, “controlling” refers to the UA when it is being flown either manually or in a pre-programmed mode if it is capable of that. It is therefore our view that the distinction that the amendment seeks to make would have no discernible benefit, since the description implies a person controlling a UA in line with the existing wording in the Bill. However, the Government recognise that UA technology is constantly evolving, and we will continue to keep our policies under review to ensure that they remain fit for purpose.
On the point made by my noble friend Lord Glenarthur about helicopters and pipelines, he is quite right that unmanned aircraft will increasingly be used for tasks such as patrolling pipelines, railways and all sorts of other things. However, under the current regulations drones should not fly over 400 feet and must remain within line of sight—to go beyond line of sight is against the regulations. They must have permission to do either of those two things. To get that permission, one would assume that those operating the helicopter would be aware that there might be drones operating in that area.
On the point made by the noble Lord, Lord Berkeley, about identifying the person, the constable must have a reasonable suspicion that the person is controlling the unmanned aircraft. That is not infallible, but a reasonable suspicion is not certainty. Therefore, given that the drone must remain within line of sight, a person will probably be able to be seen.
I hope that, based on this explanation, the noble and gallant Lord will feel able to withdraw his amendment.
Lord Craig of Radley
I thank the Minister for her reply, which I shall obviously want to look at. I am still left very unclear about the depth of thought that has been given to this. She talks about situations where somebody is obeying the law and this does not matter, but I am concerned about the individual who is not obeying the law—who is flying above 500 feet and beyond sight of their drone. It seems to me that more is required than is presently available in the Bill—but at the moment I beg leave to withdraw my amendment.
Lord Campbell-Savours
“( ) In requiring a person to ground an aircraft under this paragraph, a constable may also exercise the power to confiscate the unmanned vehicle.( ) A person whose unmanned aircraft is confiscated under this paragraph may apply to the magistrates court for an order for its return.”
Lord Campbell-Savours (Lab)
My Lords, this too is a probing amendment, as it does not fully capture the intention behind the issue that I raised during Second Reading on confiscation of equipment. The Minister at the time led me to believe that she would seek to answer in correspondence the issue that I raised, but the letter that Members have received does not refer to it. I do not blame her; perhaps she might deal with it today.
I have carefully read the Explanatory Memorandum and the Bill, and the only reference to confiscation is paragraph 2(6) of Schedule 8, which states:
“A constable may seize anything that the constable discovers in the course of a search under this paragraph if the constable has reasonable grounds for believing that it is evidence in relation to a relevant ANO offence or a relevant prison offence.”
That part of the Bill seems to relate only to condition C under paragraph 2(5) of Schedule 8; in other words, it relates only to prison intervention by drone-related offences. My Amendment 25 would add only a right of appeal for restoration of property. I am worried that I see no reference to confiscation under any other schedules to the Bill. I will concentrate my remarks on the links between Schedules 8 and 10, which is the subject of a later reference in this group—or it was until this morning, when I came here and found that there had been a regrouping.
Before doing so, I will make a few general comments. First, have we any estimate of the numbers of drones available for use in the United Kingdom, of all types, commercial and recreational? We have an estimate of 530,000 drone sales in 2014—that came out of one of these documents; I found it very hard to believe—and a further estimate of 1.5 million to be sold in subsequent years. Again, I do not know where this information comes from, but it is in one of the publications. Do the Government have any real stats on the availability of this equipment?
Secondly, I am not too worried about commercial operators. They will, generally speaking, keep within the rules and the law—although there is some evidence of the need for some commercial operators to be more knowledgeable, and for some airport operators to be more flexible and understanding about charging and issues of access, in particular regarding the size of restriction zones. My primary concern is the rogue operator, using sub-250-gram UAVs, and large equipment used privately by individuals, whether they are plain stupid in the way they use this equipment, or are drug dealers arranging for the carrying of drugs, crime gangs involved in illicit surveillance, potential terrorists who may wish to deploy weapons even in very small quantities or using small drones, or those who breach personal security where privacy is involved. Mr Geoffrey Hirst, a drone user, told a Commons committee recently that even a proportion of the recreational drone community are reckless, whether intentionally or not. We know that these small, sub-250-gram drones can be dangerous. When a joint test between the Military Aviation Authority and BALPA was recently undertaken, it was concluded that in a mid-air collision significant damage could be caused to a helicopter or aircraft.
I return to Schedule 10—subject to what has happened, but that was beyond my control. Under “Fixed penalties for certain offences relating to unmanned aircraft”, it states:
“The constable may give … a fixed penalty notice in respect of the fixed penalty offence if Condition A and Condition B are met.”
Condition A states that that includes: endangering another aircraft; causing any harm, harassment or alarm or distress; causing nuisance or annoyance; disturbing public order; or damaging property, all of which the accused could very easily deny. The only one that may be provable could be the undermining of good order in a prison, which is why we have the paragraph 2(6) of Schedule 8 confiscation provisions which I have already referred to. Nearly all the others can be denied by the accused, and it will be very hard for anyone to prove otherwise. If the police officer gives the offender within the zone the benefit of the doubt, the offender will receive only a fixed penalty notice. Furthermore, if the person is under 18, they will not even receive a fixed penalty notice—effectively, an open invitation for the adult offender to lay responsibility on minors to hide their guilt and penalty. In other words, “Not me guv, it was the kids that did it”. They will effectively run rings round the drone code, with its hyped registration, responsibility and distance control requirements.
Lord Craig of Radley
I will speak to my probing Amendment 27 and to Amendment 30. I follow the strong words that we have just heard from the noble Lord.
As I and many others stressed on Second Reading, the risk of a mid-air collision involving unmanned aircraft being operated illegally is very serious and even catastrophic. It would be remiss not to reflect the seriousness of that danger in the punishment awarded. Indeed, it might also be worth considering whether some form of third-party compulsory insurance should be acquired by all operators of unmanned aircraft.
The misuse of an unarmed aircraft should be liable not only to a fine, or imprisonment if the misuse were to be catastrophic, but should invariably include the forfeiture of the unmanned aircraft and its associated kit for any misuse that falls outside a single instance of the fixed penalty range of misbehaviour. A deterrent to misuse before flight is of potentially greater value than just a monetary punishment as the result of an airborne offence. Even in the fixed penalty range of misuses, a persistent offender should face the risk of forfeiture, or at least confiscation for a period of time.
It is too early to delve deeply into the secondary legislation that will introduce the fixed penalty arrangements. However, as with fixed penalty notices for car drivers, is it intended that a points system will be set up, so that an individual who repeatedly offends and amasses a number of penalty points within a set time will then face the confiscation of their unmanned aircraft and associated kit, either completely or at least for a period of time as the consequence of their repeated misbehaviour? The deterrent value of such a scheme is well worth considering, although I recognise that the administrative details for it will need careful thought and could even be deemed excessive.
Lord Naseby
My Lords, I would like to speak in support of Amendment 25, and again, I had hoped to see my name attached to it. I am not sure whether the Committee fully appreciates the sheer scale and numbers that we are dealing with. My judgment, as someone who has been keeping some track of what is happening, is that probably 2 million drones have now been sold and presumably are being flown. I have had the privilege of serving on the Public Accounts Committee with the noble Lord opposite, and on a number of occasions he and I would probe into issues in depth. I therefore say to my noble friend on the Front Bench that the probing which the noble Lord has done should be listened to and assessed very carefully.
Yesterday I went to a briefing on the importation of illegal tobacco. I have never smoked so I have no real personal interest other than ensuring that the revenue that should legitimately go to Her Majesty’s Government does so. There is little doubt that the people behind the illegal importation of tobacco are incredibly creative and show enormous genius, with the result that huge quantities are coming into this country. Allied to that is illegal drug importation, to which the same applies. I have just renewed my shotgun licence. The police are exceedingly careful about the renewal of such licences, not least by those of the older generation, in which I put myself. I am not surprised about that. The police checked thoroughly into where the guns are kept and whether they are properly locked away, and that we had security arrangements to ensure that if someone did break in, alarms would be set off.
We are absolute beginners in this field of activity and its implications. My friend the noble Lord on the Benches opposite is right to say that we are dealing with the rogue element but—as I have demonstrated by giving just two examples in drugs and illegal tobacco importation, and there are others—the rogue element is there in great profusion. Moreover, drones themselves provide a wonderful facility for illegal importation activities. Even if my noble friend on the Front Bench is not able to accept the wording of the amendment, I hope that she will think about it seriously and possibly come back at Report either to accept it or to table it with some minor modifications.
I will say to noble Lords that if we do not take action at this point in time, we will rue the day.
Lord Berkeley
The noble Lord, Lord Naseby, has made an interesting comparison between drug and tobacco smuggling and the action of a drone. The difference is that a drone can do monumental damage, if a rogue operator gets in the way and starts doing things that they should not be doing. I saw an instance of drug smuggling in the Isles of Scilly a few years ago; not only was the boat being used to smuggle confiscated, but the man who was single-handedly bringing these drugs into the country was so frightened of being caught that, when the yacht was tied up in St Mary’s harbour, he decided that the best way to get away was to climb the mast. He fell to his death on the quay, which was very sad. He was desperate not to get caught, but the boat would have been confiscated, and I cannot see why a drone cannot be confiscated.
My noble friend Lord Campbell-Savours gave some wonderful examples of the numbers involved. The drones should obviously be confiscated, and anyone who wants to get their equipment back should have to apply to a magistrate. The amendment seems very reasonable to me.
Lord Glenarthur
Is there any requirement for those who operate drones to ensure that they are fitted with transponders, which can be interrogated by other types of aircraft conducting their operations perfectly legally within the same airspace? Might some mechanism be found to ensure that those who operate drones without transponders are breaching the rules, to which the noble and gallant Lord and the noble Lord, Lord Berkeley, have referred?
Viscount Goschen (Con)
This, again, is an aspect of the Bill where there is unanimity across all sides of the House—we are all trying to achieve the same purpose. The question is how best to do so, especially in an environment where technology is moving extremely fast. I am certainly sympathetic to the sentiments expressed by the noble Lord, Lord Campbell-Savours, and other Members of the Committee.
When the Minister comes to reply to this very interesting debate, perhaps she might describe the other sanctions that a rogue operator may be subject to in addition to the fixed penalties outlined in Schedule 10. We are talking about a broad variety of potential consequences, from annoying the neighbours on a sunny summer’s afternoon to deliberately trying to destroy an aircraft containing hundreds of passengers over central London. What sanctions could have faced the operator or the person in control—to use the phraseology of the noble and gallant Lord—who caused the disruption to Gatwick only a short while ago whose extremely irresponsible actions could have resulted in a high degree of disruption to the whole travel system of the United Kingdom?
It may be more convenient to discuss my second point in a later group of amendments, but there is a real issue around promulgation of the law. Because these devices can be bought over the internet and from shops by people who I suggest may not be familiar with the Air Navigation Order, they are probably not aware of the rules and how dangerous this activity can be and its consequences. I look forward to my noble friend’s response.
Baroness Vere of Norbiton
My Lords, I am eternally grateful for this thought-provoking debate on confiscation and forfeiture. A number of issues have been raised. I will endeavour to cover as many as I possibly can, but I am aware that a number of noble Lords have made some very thoughtful points, so I will go away and read Hansard to make sure I have covered everything. At times, some very good points that I think we can address were made. At other times, there may have been some slight misconceptions as to the different types of offences and penalties being placed on people.
Lord Campbell-Savours
Does that include all drones—commercial and recreational?
Baroness Vere of Norbiton
Yes, it includes all unmanned aircraft. Various bulk uploads will come from model aircraft clubs, so we expect that number to climb. Over the course of this Bill, perhaps when we get to Report, I am happy to look for an update on that and to give some indication of where we think more people registering their drones will come from.
Setting out the background to this, the noble Lord, Lord Campbell-Savours, mentioned a number of offences to which he assumed a fixed penalty notice could be attached. I believe they may not be given for those more serious offences to which he referred. Subsequent to this, I hope to be able to set out precisely what will be given to each level of offence, because there is perhaps a little confusion. I will go through my explanation, because there are opportunities for confiscation and forfeiture, which I hope will mean that the noble Lords are content to withdraw their amendments. Let us just see how we go.
Amendment 25 would give the police the power to confiscate an unmanned aircraft if a constable has required it to be grounded. Amendments 27 and 30 would require somebody to forfeit the unmanned aircraft as the penalty for unlawful use. I reiterate that my department has worked closely with the Home Office to ensure that the powers in this Bill are proportionate—that is an important word here—because we do not want to stifle a nascent, growing and potentially very useful drone industry. We do not want to discourage or alienate those who seek to use the unmanned aircraft sector lawfully, because it should be very useful as we go forward. We have also worked with the police, who are confident that they have the powers in this Bill to provide effective enforcement.
The amendment on confiscation, Amendment 25, would provide a potentially disproportionate power to the police, in addition to the existing powers in the Bill for them to require an unmanned aircraft, rather than an unmanned vehicle, to be grounded.
Lord Campbell-Savours
Why should a drone that goes into one of these restricted zones, which could potentially cause huge damage, not be confiscated?
Baroness Vere of Norbiton
If the noble Lord will bear with me, that drone would probably be confiscated by a constable for a different reason.
In our opinion, the amendment on forfeiture would also provide a potentially disproportionate penalty for those who commit most likely very minor offences of failing to ground an unmanned aircraft when asked to do so by police, or failing to comply with a constable’s request to inspect that small unmanned aircraft. While we feel that it would be disproportionate to insert these powers of confiscation and forfeiture regarding these two offences, it should be noted that the police have powers of confiscation elsewhere in the Bill and already in law.
Under the Bill, the police will have the power to stop and search a person or vehicle where they have reasonable grounds to suspect they will find an unmanned aircraft that is or has been involved in the commission of one of the offences specified in paragraph 2 of Schedule 8. This is for more serious offences, such as interfering with aircraft. This stop and search power gives the police constable the power to seize anything they discover in the course of a search if they have reasonable grounds to believe it is evidence relating to one of those offences.
The summary of all the stop and search offences was given out at the all-Peers meeting and I am very happy to send round this ready reckoner, which shows which offences fall under stop and search if there is suspicion of them. They are, for example, flying above 400 feet or within an exclusion zone of an airport. If there was a stop and search in that case, that item could be seized as evidence. Similarly, when entering and searching a premises under warrant using the powers in the Bill, a constable might seize an unmanned aircraft or any article associated with it if they have reason to believe it has been involved in the commission of one of the offences set out in paragraph 7 of Schedule 8.
Lord Craig of Radley
The noble Baroness said the constable has the power to seize, but has he powers to retain and make forfeit, or would it be just a temporary seizure until such time as the courts had dealt with the circumstances? The point of my amendment, and I believe that of the noble Lord, Lord Campbell-Savours, is that of a deterrent for illegal use. Seizure or forfeiture would be a very good deterrent. As we mentioned earlier, we are dealing not with people who are behaving and who we are trying to encourage to grow their legal use of drones, but with people who might be or are operating them illegally. Those are the people I want to deter.
Baroness Vere of Norbiton
The noble and gallant Lord makes a very interesting and valid point about deterrence, which is probably quite separate from the line I sought to convince him of. Noble Lords have mentioned that a very good drone might cost, say, £500, but the penalties we are talking about for some of the offences that could have been committed are fines up to a maximum of £2,500.
Baroness Vere of Norbiton
If, indeed, they are paid, which I will come on to—perhaps in the letter—because there are some very significant deterrents. If we are after a deterrent, we have those deterrents. Do we feel it is proportionate for property to be forfeited for fairly minor contraventions? We do not.
Lord Craig of Radley
I am sorry to interrupt again, but on a minor thing, as I said in my opening remarks a single misbehaviour under what would be a fixed penalty notice would not be a cause for forfeiture, but repeated misbehaviour that might individually be at the level of the fixed penalty notice should be taken into account. That is why I suggest that, under those circumstances, forfeiture, at least for a period if not completely, should be part of that penalty.
Baroness Vere of Norbiton
The noble Lord makes an interesting point. I suspect that in those circumstances, the person would just go out and buy another drone. We are between a rock and a hard place: drones are not so expensive that forfeiture is a huge issue, versus a fixed penalty notice, which may also be significant. We do not feel that forfeiture would make a significant difference to the deterrents. The penalties already in place are good ones. However, for the sake of completeness, I will mention that under current law, if a person has refused to ground their unmanned aircraft and has been arrested for an offence, the police officer has the power, under Section 32 of the Police and Criminal Evidence Act 1984, to search the arrested person and to seize anything that is evidence.
Lord Naseby
I understand where my noble friend is coming from, but what she perhaps does not fully comprehend is that to those of us who have been involved in this industry for years, this is a highly dangerous area—far worse than motorbikes. The Government have the opportunity to lay down clearly that anybody who transgresses will be hit hard. This does not affect the genuine operators, who will take great care. However, quite frankly, listening to my noble friend, I can see this being abused. I see drones every weekend where I live. Half of them, perhaps, are being flown correctly, but a significant proportion are not, hence the two in my shed that crashed in the last six months.
Baroness Vere of Norbiton
My noble friend makes a very interesting statement. This Government recognise that in certain circumstances, when drones are not being flown correctly, it is literally a life and death situation. This is why the penalty for the most significant offences—recklessly or negligently acting in a manner likely to endanger an aircraft or any person in an aircraft—is an unlimited fine or up to five years in prison.
My noble friend suggested that only half of those drones are flying within the rules. That is why we have introduced the competency and registration system. People are taking the competency test. If the Bill is passed and the police have the powers, they will be able to stand in my noble friend’s garden, identify those who may not be operating within the law and do something about it. Without the Bill, they could not.
Baroness Vere of Norbiton
I am aware that my noble friend supports the Bill, and I appreciate his support. The Government are just saying “proportionality”. The Government’s role is not to come down hard across the entire sector, but to be proportionate. Those guilty of a minor contravention will get a fixed penalty notice; for something more serious, it is up to five years’ imprisonment and an unlimited fine.
Turning to a couple of points I have not covered, my noble friend Lord Glenarthur made an important point about electronic conspicuity, or remote ID. This is being introduced into drones. Although it is not ubiquitous at the moment, electronic conspicuity for all aircraft was consulted on in the Aviation 2050 consultation. We will be looking at how we take that forward but, as part of EU retained law, the EU-delegated Act is already within domestic law. It contains remote identification requirements. This delegated Act came into force on 1 July 2019. We are currently in a transition period; within three years, electronic conspicuity and remote ID will be a requirement for all drones.
Baroness Randerson (LD)
The Minister referred to consultation. Could she refresh my memory as to when that consultation took place, when it was completed and when the results were published?
Baroness Vere of Norbiton
I am afraid I do not have that information to hand. I would be remiss if I tried to remember, so I will write to the noble Baroness. I think that was a consultation for all aircraft. She will be aware that the Government are looking at general aviation and, as we move forward, the interplay between unmanned and manned aircraft in a unified traffic management system. That is some way off but we have to start thinking about it now. The electronic conspicuity of drones comes from EU regulation and is now in domestic law. We are in the three-year period during which all drones will have to have conspicuity.
My noble friend Lord Goschen mentioned other penalties and I hope I have given him some idea of their level. I will send this note around because it is useful in setting out exactly what happens if you contravene certain of the regulations.
As for getting people to understand what is required of them, we work with the retailers and the manufacturers—the CAA has the drone code—to make sure that we get the message out as much as possible. This is particularly important around Christmas, when there is a great deal of activity, so that when people get a drone—are given one or buy one—they know that it is not a responsibility-free activity and exactly what their rights and responsibilities are.
I feel a letter coming on on this one. There is quite a bit to cover about proportionality, deterrence and the different levels of penalty for different offences.
Lord Berkeley
I am pleased that the noble Baroness will write a letter. It might be a long one, but that is good. In this debate we have swung between saying, “Most people are just doing it in the garden. They might have the drone under their bed. If they go up, they do not fly hard, it is not going high and it won’t hurt anyone much,” to the other extreme when it could bring down an aeroplane or worse. My noble friend and others commented on the number of drones that may be flying and wondered how many will be flying illegally—in other words, without notification, without a licence or whatever. The question of proportionality is therefore quite serious; for some offences confiscation may be too strong a penalty and for others nothing like enough. In her letter, will the Minister give us some idea of how many constables or whatever we are to call them—the enforcement agency—will be trained to do this work and how many offences might they have to follow up each year? I have not a clue. You can think of every policeman in the country being able to do this—which is stupid—or of it all being done centrally. However, it would be good to have some idea of how enforcement might take place so that people like me, who have no great experience of this, can compare it to what happens on the roads or anywhere else. I will be glad to hear the Minister’s comments.
Baroness Vere of Norbiton
I thank the noble Lord for that intervention. I hope he will be able to stick around until we get on to later amendments dealing with police resourcing and how the training will work.
Let me go back to first principles. The Bill is about giving the police the powers they need to put in place the penalties that already exist. It is very much about filling in that gap. We are working closely with the police and this is what they have asked us to do to give them the powers to clamp down on illegal drone use. The situation is in flux as people register but, for people who have not registered and are flying illegally, the police now have these powers. Without the Bill, they would not have the powers. With that, I hope the noble Lord will feel able to withdraw his amendment.
Lord Trefgarne (Con)
My Lords, will my noble friend please include me in the list of addressees for the important letter she is going to write?
Lord Campbell-Savours
I shall say just one or two words. The Minister has offered to write us a letter. It is not a letter we want. We want it in the law. The letter will interpret the law in a way that she believes will satisfy the concerns we have expressed. I am worried about the guy out there with a drone. He is not going to read the law. He wants very simple principles established that he can understand. In the light of the interpretation that the Minister has put on the law during the interventions, I do not understand the law, and the other day I spent more than an hour going through these clauses to try to work out what was applicable in what circumstances. I put it to the Minister that the law is badly drafted. I have never said that in this House before. It is badly drafted, and we need far greater clarity in the clauses that Parliament is required to clear.
I predict that in the Commons, when MPs with airports in their constituency get their hands on the Bill, they will rubbish this clause because they will be dissatisfied with the provisions as explained to us. I say to the civil servants now that they should think in advance, before the Bill gets to the Commons, about how they will deal with the objections that will inevitably arise.
The Minister says that the role of government is to be proportionate. I agree. However, a small drone of 250 grams within a restricted zone can bring down a jumbo jet, with hundreds of lives lost. I think I am being proportionate and the Government are not in not understanding that that is the danger we are considering. The Minister has laid words on the record today that, in the event of a disaster, people will pore over and wonder what the hell she was talking about. I shall no doubt come back to this on Report, but I beg leave to withdraw the amendment.
Lord Rosser
“Annual statement on stop and search demographics
2A(1) The Secretary of State must, at the end of the period of 12 months beginning on the day this Act is passed, lay before both Houses of Parliament a statement setting out how many times the police have exercised the stop and search powers under paragraph 2 of this Schedule.(2) The statement must include a list of each incident broken down by protected characteristics of each person searched, as defined in section 4 of the Equality Act 2010.(3) The Secretary of State must lay before Parliament a report in similar terms covering each subsequent 12 month period, within six months of that period ending.”Member’s explanatory statement
This amendment would require the Secretary of State to publish details of the demographics of those who have been stopped and searched.
Lord Rosser (Lab)
My Lords, there are three matters in this group: Amendments 28 and 29 and whether Schedule 8 should stand part of the Bill. I shall address Amendment 28. Paragraph 2 of Schedule 8 sets out the powers of a constable to stop and search persons or vehicles and includes the conditions that have be met in order to do so. This amendment would require the Secretary of State to publish details of the demographics of those who are stopped and searched. The purpose of the amendment is to find out what the Government intend in this regard.
The amendment refers to the Equality Act 2010 and the nine protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race, religion or belief; sex; and sexual orientation. At Second Reading the Government said that stop and search demographics would be available for those subject to a stop and search under these powers, and that
“they will be published by the Home Office in the usual way.”—[Official Report, 27/1/20; col. 1295.]
What does “published by the Home Office in the usual way” mean in relation to this amendment and the nine protected characteristics under the Equality Act 2010?
How did the Government come to the decision to enact these stop and search powers under Schedule 8? In autumn 2018, the Home Office ran a public consultation on
“Stop and Search: Extending police powers to cover offences relating to unmanned aircraft … laser pointers and corrosive substances.”
The Government indicated in the Explanatory Notes to the Bill, if I have read them correctly, that responses to the consultation were broadly unsupportive of proposals relating to unmanned aircraft, with many respondents feeling that the intrusive nature of stop and search powers would be disproportionate to the likely threat.
Since that consultation, we have had the incident at Gatwick Airport at the end of 2018. Following that incident, in response to the consultation, the Home Office committed itself to developing a stop and search power for offences related to flying an unmanned aircraft in the flight restriction zone of a protected aerodrome. The Home Office also indicated its intention to keep the further expansion of stop and search powers in relation to other unmanned aircraft offences under review.
The Bill now provides the police with the power to stop and search any person or vehicle, subject to certain conditions. At Second Reading, in response to the point that the Home Office consultation was completed before the Gatwick incident, the Minister said:
“I reassure noble Lords that we have of course been in touch with members of the police force around Gatwick and, indeed, all over the country to make sure they are content with the powers in the Bill. We believe that they are. We have a close relationship with them, so they have been involved since Gatwick in making sure these powers are appropriate. Of course, we still meet with the police and other stakeholders to discuss these matters in general.”—[Official Report, 27/1/20; cols. 1291-92.]
Bearing in mind that, in the public consultation prior to Gatwick, responses were broadly unsupportive of proposals on stop and search powers in relation to unmanned aircraft, were any meetings or other forms of contact had with those who had been broadly unsupportive of the proposals, to check that their views had changed since the Gatwick Airport incident? Did the Government make an assumption that views would have changed, or did they not intend anyway to take any notice of the broadly unsupportive responses to the stop and search proposals, so that it did not really matter whether views had changed as a result of the Gatwick incident? A government response on this would be helpful.
The second item in this group relates to Schedule 8 standing part. I want to talk about paragraph 5(11) of Schedule 8, which inserts a power at new subsection (4B) into Section 93 of the Police Act 1997. This enables the Secretary of State, by regulations, to add or remove an offence from the definition of “relevant offence” set out in subsection (4A), also inserted by this Bill. Paragraph 5 of Schedule 8 deals with
“authorisations to interfere with property”
or interference with wireless telegraphy. This is a Henry VIII power. In their memorandum to the Delegated Powers and Regulatory Reform Committee, the Government said that it was necessary to ensure that the list of relevant offences remained up to date
“if the evolution of technology results in unmanned aircraft being used in new or different types of offence.”
I note that they used the word “if”, not “as”, in relation to the evolution of technology; clearly the Government do not actually know whether they will need this power to add, by regulations, additional or even completely new offences.
In the same memorandum, the Government say:
“The power to interfere with property or wireless telegraphy is a significant power which entails the possibility of interferences with, for example, people’s property rights.”
Further on, the Government refer to
“any expansion of the power to interfere with property and wireless telegraphy”.
Yet the Government want to have this “significant power” and this “expansion of the power to interfere” with “people’s property rights” by adding additional new offences that they do not know they will need and appear unable to describe, and to do so not by primary legislation but by regulations that cannot be amended.
Baroness Randerson (LD)
My Lords, I support the noble Lord’s comments, particularly in relation to Amendments 28 and 29. Our experience of the use of stop and search powers over the years has revealed that the police have to perform a very careful balancing act in their use of those powers. The idea of ensuring that they are looked at carefully after a period of time would therefore certainly assist in avoiding the misuse of powers.
This is particularly complex because the leisure use of drones is about a lot more than a group of people standing in a field and having a little fun. There are a lot of brilliant commercial uses of drones, along with some very important uses by the military and in our emergency services generally. But there is a complex, unofficial use of drones nowadays and it is not all innocent fun. They are widely used in the drugs trade. It is therefore important that the use of stop and search powers is exercised with a view to looking at potential criminality, beyond whether a drone is being used in the wrong place or flown too high and so on. However, that has to be done proportionately and carefully. Our experience over many years in this country is that there is nothing quite like a little transparency in the way in which a power is exercised, to ensure that it is done properly and fairly.
I support Amendment 29, too, because of the obvious fact that the Prison Service is greatly overstretched. It can be argued logically that if you used these resources to control the misuse of drugs in prisons, you would actually make the life of the Prison Service rather easier. Unfortunately, when a service of any kind—we have had this all the time with the NHS—is as badly stretched as the Prison Service, it has a hand-to-mouth existence. It is very important that the impact of this additional responsibility is looked at carefully in the months following the introduction of these powers.
We will investigate a lot of other issues in debating the next group of amendments, which emphasise the complexity of the situation now with drugs. However, the two amendments in this group draw out two important threads.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Rosser, for introducing this group of amendments, which gives us the opportunity to discuss the stop and search powers and the resourcing of police, and to dip our first toe in the water on delegated powers.
We recognise that stop and search is a significant power and that it is essential that we use it appropriately and proportionately. The noble Lord, Lord Rosser, rightly recognised that the consultation on the use of stop and search for drones reported before Gatwick. Therefore, the powers in this Bill were included as a result of a significant amount of consultation after Gatwick to make sure that we got it right. Since that consultation concluded, officials have had various meetings with stakeholders to discuss the consultation response both within and outside government. Those consulted include the Ministry of Defence, the Ministry of Justice and BEIS, as well as the National Police Chiefs’ Council and CT Policing. The Department for Transport has also met groups such as BALPA and the Guild of Air Traffic Control Officers, who in general support the police powers proposed in the Bill.
It is important that the powers be used only where proportionate, so there are a number of limits in the Bill. In the first instance, a constable must have grounds for suspecting that they will find an unmanned aircraft or something associated with an unmanned aircraft, such as a controller, and that the unmanned aircraft or article has been involved in the commission of one of the offences specified in the Bill. I shall send the schedule to noble Lords.
Lord Campbell-Savours
The Minister referred to BALPA. Is she saying that BALPA has expressed no reservations whatever about the police powers?
Baroness Vere of Norbiton
I am not aware that BALPA has any reservations about the stop and search powers under discussion.
Baroness Vere of Norbiton
I am afraid that I cannot recall exactly what BALPA’s reservations are—whether it has reservations about other police powers—but it was certainly one of the stakeholders that we spoke to regarding stop and search. As a consequence of the conversations that we had, we believe that introducing the powers in this Bill is proportionate and appropriate.
The more serious offences that could be liable to stop and search go towards the higher end of the penalty range and might involve transferring articles into or out of prisons et cetera. The Bill also sets out further conditions that need to be met. For offences that could be considered less serious, the conditions are more stringent. For example, in relation to Article 95 of the Air Navigation Order, flying a small unmanned surveillance aircraft too close to people, or Article 239(4), flying within a prohibited area, where it is more likely that somebody has committed an offence unintentionally —which again goes back to proportionality—stop and search can be used only where there are reasonable grounds to suspect that the commission of an offence using an unmanned aircraft or associated article was for one of the following purposes: endangering an aircraft, which I think noble Lords would all agree should be top of the list; causing any person harm, harassment, alarm or distress; undermining security, good order or discipline in any prison or institution where people are lawfully detained; damaging property, or threatening national security. So, there are many offences where stop and search does not apply—for example, Article 94, including flying beyond visual line of sight without permission and flying commercially without permission. Here, stop and search would not be applicable.
We also recognise that it is very important to minimise the potential for discrimination in the exercise of police powers. In addition to the limitations written into the Bill, the conduct and recording of the Bill powers will be subject to Sections 2 and 3 of PACE, for which there is already guidance for police in Code A, the code of practice for police in the exercise of statutory powers of stop and search. Code A will apply to the Bill powers to ensure that they are being exercised appropriately.
Lord Rosser
I thank the Minister for her response to the amendments on which I and others have spoken. I will of course withdraw my amendment, but am not entirely convinced on her point about police resources. I asked some fairly specific questions about the percentage of police officers who would be required to have the training; I still do not know whether it is envisaged that all police officers will have this knowledge or whether it will be a much smaller grouping. I also asked about the tactical advisers; I suspect on that one it will be a case of waiting to see what happens—whether the Government’s view of the extent to which it will involve an additional responsibility or duty on the police materialises or whether it will prove somewhat greater than the Government anticipated. But for now I beg leave to withdraw my amendment.
Lord Rosser
I have written down an item about Schedule 10 and I will speak in particular to paragraph 6 of Schedule 10, which allows for supplementary provision to be made by regulations with respect to fixed penalty notices, including to the extent of amending or repealing provisions by an Act of Parliament. Paragraph 6(1)(b) of Schedule 10 also states that the Secretary of State may by regulations make
“provision about the consequences of providing false statements in connection with fixed penalty notices, including provision creating criminal offences.”
In their memorandum to the Delegated Powers and Regulatory Reform Committee, the Government’s justification for this power to create criminal offences through regulations, which cannot be subject to amendment, appears to be at least in part that there is a precedent in Section 54 of the Space Industry Act 2018. That Act was in essence a skeleton Act, which the Government told us was needed on the statute book before it could be properly fleshed out—hence so much being left to subsequent regulations—to provide assurance or comfort to the emerging UK space industry that the Government were prepared to give it the legislative backing and certainty it required. I suggest that the same consideration hardly applies here in relation to fixed penalty notices and the creation of criminal offences.
The Government say that the powers in paragraph 6(1)(b) to create criminal offences are needed to ensure that provision can be made for the consequences of providing full statements in connection with fixed penalty notices. But what kind of criminal offences are we talking about which are apparently so unique that the Government cannot formulate them now and put them in the Bill? Alternatively, since the Government refer only to the
“possibility of creating criminal offences in relation to false statements,”
why not first determine what those new criminal offences are that need creating and then include them in the next suitable Bill, where they can be fully debated and amended?
The Government clearly regard this Henry VIII power to be of some significance, since they state in their memorandum to the DPRR Committee that
“the regulations may create criminal offences and make provision about the process around appeals, and there is therefore the potential for significant impact to the public, police and judicial system.”
However, despite that potential for significant impact, the Government think it appropriate to use Henry VIII powers and regulations rather than primary legislation, which is invariably more fully debated and which, unlike regulations, can be amended. So can the Government give a somewhat fuller explanation of why having the powers to which I have referred in Schedule 10 is so crucial and, in their view, unavoidable, as opposed to them being powers, frankly, of administrative convenience to the Government?
Baroness Vere of Norbiton
I thank the noble Lord, Lord Rosser, for introducing a specific part of Schedule 10: notably, paragraph 6, which gives the Secretary of State the power to make regulations for the provisions about fixed penalty notices, the form of and the information included, and the consequences of providing false statements in connection with fixed penalty notices, including the provision of creating criminal offences, as the noble Lord noted. It is important to note that within all this there is the affirmative resolution, and the consequences need to be proportionate and appropriate to the fixed penalty notices themselves. So proportionality will certainly come into this.
Should the regulations be used in future, the key consideration will be whether they are proportionate. The noble Lord mentioned that the consequences could be put in other legislation, but there could be no other suitable legislation coming down the track. As he noted, there is precedent for making regulations in the manner set out in the Bill. This would be a perfectly reasonable way to provide the flexibility that the Government need in this area as the entire sector develops. We need the flexibility not only for the information required in fixed penalty notices; it must therefore be the case that the consequences of providing false statements in relation to fixed penalty notices must also be needed. That is why we have taken this power in the Bill.
I hope that, with that explanation, the noble Lord will feel able not to oppose the schedule.
Baroness Randerson
“Review of existing legislation relating to unmanned aircraft
(1) Within six months of the passing of this Act, the Secretary of State must lay before Parliament a review of the protections surrounding unmanned aircraft in existing legislation, and whether those protections are sufficient.(2) The review should make reference to, but is not limited to—(a) whether existing privacy legislation is sufficient to cover threats posed to personal privacy by unmanned aircraft;(b) the merits of introducing mandatory remote identification;(c) the merits of introducing mandatory geo-fencing;(d) whether existing criminal law sufficiently protects against—(i) the modification of unmanned aircraft; and(ii) the weaponisation of unmanned aircraft;(e) whether there should be a minimum age for the purchase and operation of unmanned aircraft.(3) The review must make a recommendation as to whether the Government should bring forward further legislation in light of its findings.”” Member’s explanatory statement
This amendment would require the Government to undertake a review of existing legislation relating to unmanned aircraft, and to recommend whether further legislation is required to ensure sufficient protections.
Baroness Randerson
My Lord, when I became Lords Transport spokesman in 2015, the first major piece of work I participated in related to drones. Work had already been done on that by one of the European Union sub-committees and a good report published. Then, and ever since, I have urged the Government to grasp this issue. Despite many opportunities, they have refused stubbornly to do so. They have refused to be hurried. Above all, they have refused to look ahead at rapidly developing technology.
Since 2015, a range of Ministers has been sitting opposite us answering on transport issues, but from one after another we have heard the phrase, “We lead the world in drone technology.” They have failed to grasp that if you are going to lead the world in the technology, you need to lead it in its regulation too. In preparation for today, I looked again at briefings we had a couple of years ago on legislation on drones. Then, a couple of weeks ago, we received a briefing from DJI, a leading UK drone manufacturer, which specified what its drones can now do. I compared that with what we were told drones could do a couple of years ago. In that short period of time, there has been a leap in technological capability. Here we have a Bill to update the law, yet the government response is limited to falling back on a few long-established police powers.
I cannot emphasise enough that that is a huge missed legislative opportunity. The Government should be looking at what drones can do now and indeed be anticipating what they will be able to do in a few months’ time, not even in a few years’ time, because it takes that long to get legislation on to the statute book and in that time there will be another step forward in drone technology. I argue that we owe it to pilots and passengers, whose safety is at risk. We owe it to airport operators who, at great cost, have to deal with the threats from drones, and we owe it to drone manufacturers and users to provide the framework for safe drone usage. I take issue with what the Minister said earlier about being proportionate, not overreacting and so on. Rather, drones need a good reputation. To achieve that, they need a good, modern and strong legal framework, which this Bill does not provide. Nothing could be worse for the drone manufacturing industry and for our technological base in it than to suffer disasters associated with drones which happened as a result of the fact that we have inadequate legislation.
Modern, adequate legislation does not have to be draconian, it just has to look at the ways in which drones operate and to take them into account. Amendment 31 is designed to open up the discussion and to encourage the Minister to go back to her department and press for firm measures to be incorporated in the Bill on Report. We are asking for a review, which is the very least that is needed. I would prefer some action now. I would like a much tighter legal framework, but to help the Minister I have specified some of the key issues that those in the industry— whether BALPA representing pilots, those in the drone manufacturing industry or those in the aviation industry—believe need to be addressed urgently.
For example, a recent opinion poll showed that 60% of people are concerned about the privacy implications of drones. Earlier, the noble Viscount referred to the issue of drones being flown over gardens, and there are other issues associated with the use of drones being used to spy on neighbours in a very unpleasant manner. Is the current legislation comprehensive enough to deal with the invasion of privacy implications of drone use? I doubt it.
The issue of the minimum age also needs to be addressed. In the wrong hands, a drone can bring down a plane, so it is only sensible to set a minimum age for flying them. They are not children’s toys, although they are often bought as such by badly informed parents. Last Christmas I noticed that one or two retailers stated that they were ceasing to sell drones because they realised the level of responsibility that goes with them.
The technology now exists for the remote identification of drones, something the Minister referred to earlier, but setting that aside, as some would have it and some would not, all should now have remote identification. It is reasonable to expect that it should always be switched on. It was explained to me that it should work like registering a car. I am registered as a driver and my car is registered as my property. If I drive badly, the police can take note of that, take the number plate, trace the car to me and rightly approach me to ask whether I was driving that car on that day and, if not, who was.
The same principle should apply with drones. Remote identification is an inexpensive way for the police and airport authorities to monitor drone usage. If a drone is flying too low or too close to an airfield and it has remote ID, the authorities can identify who owns it, find the owner and stop it flying there. If the drone’s ID is switched off, they know immediately that the incident is much more serious. They know that it is not a case of a youngster, or even a middle-aged person, behaving carelessly, but someone is deliberately intending to avoid being caught, leading to a potentially serious incident.
It should be an offence to switch off the remote identification of drones. There must of course be exceptions, which should be allowed as part of a regular process by the CAA. There are organisations and people who have very good reasons not to obey this identification process. Obviously, it should also be an offence to modify or to weaponise—that is, to arm—a drone. I do not know whether the current legislation would cover that. It was put to me that it would not.
Geofencing also needs to be widely rolled out. That would involve updating drone software regularly. It could be done with the annual registration process, just as with an electric or an automated vehicle in years to come, when software will need to be regularly updated. It also needs to be done for drones.
I have been talking about airports but all of this applies to prison authorities as well. If it were to be applied to drones through legislation at this time, it would help prison authorities considerably, as well as assisting in the safety of airports. I beg to move.
Lord Tebbit (Con)
My Lords, the noble Baroness’s words were tempting in some ways because ever since drones first appeared, we have been way behind the game in dealing with their potential dangers. They should never have been made available for the general public to buy and should have required a licence from the very beginning. All those things should have been done early on. So there is a temptation to support the noble Baroness in what she said, but when you think about it a little more, you realise that if we legislated in the way she asks for we would almost certainly be behind the game again. It is better that we leave things as they are drafted in the Bill so that we can take action much more easily in those circumstances when we see what is happening.
We cannot go back and undo those mistakes made at the very beginning because most people thought that they were toys. I remember that I in particular warned against the dangers of them being used, for example, as weapons launched at this building from a boat going up or down the river outside this place on to the Terraces, where people sit outside. That danger is still there. We need, all the time, to make sure that our powers are as flexible as possible—in the Bill now, I believe that they are—to deal with those threats as they arise.
Lord Campbell-Savours
My Lords, I only wish that the noble Lord, Lord Tebbit, had been here during earlier proceedings on the Bill because we dealt with the issues that he referred to.
I wonder whether Ministers have considered the 22nd report of the Commons Select Committee, entitled Commercial and Recreational Drone Use in the UK, and its recommendation. I want to read that recommendation out because it is at the heart of the amendment moved by the noble Baroness from the Liberal Democrat Benches. The committee said that they are
“concerned that there are differing accounts within the aviation community about the likely severity of damage of a drone collision with an airplane. Furthermore, there are differing accounts of the number of near misses and the reliability of airprox reports has been disputed. The Committee is concerned that there is no agreed position on the likely consequences of a drone-airplane impact. The Government should complete a substantive risk assessment”—
exactly what the noble Baroness said—
“by the end of 2020.”
That is the end of this year. The report went on:
“If it is not possible to publish the result of this assessment due to security concerns, the Government must provide this Committee with evidential assurances that this work has been done.”
Well, it has not been done. The Select Committee recommendation has been ignored.
To go back further in the committee’s evidence, the CAA said that
“It is considered unlikely that a small drone would cause significant damage to a modern turbo-fan jet engine”.
I am sure that the noble Lord, Lord Tebbit, will be interested in what the report then states because he was a BALPA airline pilot, if I recall correctly:
“Captain Tim Pottage, representing BALPA, voiced caution about the CAA’s position. Captain Pottage said that he was … ‘Concerned that the CAA had that view. There has been no testing of a drone against a large commercial high bypass jet engine—none at all. Anecdotal evidence suggests that it would cause a catastrophic failure, causing a blade to shed and not to be contained within the engine cell.’”
That is what is worrying us in the House. We will have a lot of people telling us not to worry about it and that it will not happen, but if it does happen, who will be held to blame? I believe that it will be this Government.
Viscount Goschen
My Lords, the House should thank the noble Baroness, Lady Randerson, for introducing her amendment and enabling a discussion about, essentially, attempting to future-proof this legislation, which is extremely difficult to do.
I am afraid that I follow my noble friend Lord Tebbit’s analysis of the situation. We have to draw the line somewhere. It is important to move ahead with the legislation more or less as drafted—that is, as it appears before the Committee. It is difficult to legislate for future technical solutions, such as geofencing and reliable, low-cost, low-weight but high-power transponders that would have to be developed to be included in every single drone. Lightweight transponders exist at the moment—light enough to be put into gliders, for example—but they have relatively high power requirements. There is also the requirement for them to have very high integrity. If these drones are carrying a transponder and giving false information because the transponder costs £5, for example, air traffic control could be disrupted perhaps worse than by the original offence relating to where the device is being flown.
While I welcome the debate that the noble Baroness has facilitated through her amendment, I am sympathetic with my noble friend the Minister in trying to produce legislation that, as far as technologically we can, tackles the situation as it prevails at the moment while attempting to future-proof—often through the use of Henry VIII powers, which was the subject of the previous debate on Schedule 10. We need that flexibility. Some compromise is required to achieve that, and I suggest that that compromise is the use of delegated powers. It seems entirely clear that we will have to revisit this in the not too distant future, even after this Bill becomes law.
Lord Naseby
My Lords, I too am most grateful to the noble Baroness for introducing this amendment. Even taking on board the reservations that two of my noble friends on this side have expressed, proposed new subsection (1)—a continual review each six months—certainly ought to be incorporated somewhere in this Bill. I do not know whether this is the right place, but that is for the Minister—not to respond to tonight, but certainly to take on board and come back to us on Report.
I see absolutely nothing wrong in having a minimum age. For heaven’s sake, it was done for motorcycles and other vehicles on the highway, and this is no different—it just happens to be in the air—so it seems absolutely right to have a minimum age.
I have worked with my noble friend on the Opposition Benches on many things. Having flown light aircraft in Pakistan and Canada and in the Royal Air Force, I am deeply worried that something will happen. I see a responsibility to say to my noble friend on the Front Bench, who I do not think has had the privilege of doing either of those things, that there needs to be forestalling of a potential huge accident. I very much hope that the department takes that on board in this legislation.
Lord Trefgarne
My Lords, I am not without sympathy for the thoughts behind the amendment proposed by the noble Baroness, but there are some important complications, which were referred to by my noble friends Lord Tebbit and Lord Goschen. For example, electronic identification for each and every drone would be a considerable undertaking. It may in the end prove necessary, but it is not straightforward.
Lord Whitty (Lab)
My Lords, unnecessary conflict has developed in this debate. I declare that I am the vice-president of BALPA, whose position, broadly speaking, is to support this Bill as far as it goes and strengthen it where we can, but also to recognise that there will be subsequent information and knowledge, and that regulation will be required as the impact of the technology changes. The noble Baroness’s amendment—building into this legislation the fact that we continuously review the specifics that she outlines, but also any other changes in technology—is the most sensible way to do it. We are not going to complete in the next few days a Bill that will last very long in its totality.
The noble Baroness, Lady Randerson, with whom I sat on the same committee, knows that five years ago the technology was very different. Some of the concerns were the same; some have been overcome. Hopefully, we can develop a situation in which we have a continuous review, but the request that that should be built into this Bill does not seem to me unreasonable. For the reasons that the noble Lord, Lord Naseby, and my noble friend Lord Campbell-Savours spelled out, and as I spoke about at Second Reading, we already know about the lack of testing on the effect of drones going into jet engines. We need that testing before we can effectively legislate. It is a potentially serious issue. We need a next stage built into the legislation. If the noble Baroness’s amendment is not accepted in total, I hope that its spirit will be taken on board by the Government.
Lord Rosser
My Amendment 35 in this group is on much the same theme as the amendment moved by the noble Baroness, Lady Randerson, except that it calls for the Secretary of State to,
“prepare a strategy for reviewing legislation relating to unmanned aircraft.”
At Second Reading, my noble friend Lord Tunnicliffe, referring to the rate at which technology surrounding drones has developed, said:
“It is possible that this legislation already falls behind recent developments. It seems to ignore the dangers that could arise from drones that fly beyond lines of sight. Ultimately, this legislation must be prepared to deal with the drone technology of the future”.—[Official Report, 27/1/20; col. 1270.]
My noble friend Lord Whitty referred at Second Reading to the Select Committee report from 2015 on drones—or, as I think they were known then, remotely piloted aircraft systems—and said that a range of issues raised in the report had “not been fully addressed” and were not really addressed in the Bill. Some related to the safety of other users in the air and on the ground, but there were also issues of insurance, licensing, privacy and liability and the question of how far the multiple operation of drones by one programme and one operator is compatible with our current regulations. He also spoke about changes in the air traffic control regulations to ensure adequate separation; strengthening the enforcement and checking system; removing built-in safety features from drones; the deliberate weaponisation of drones; and licensing of individual machines. The Airport Operators Association has called for mandatory geofencing software in drones and the mandatory identification of drones to help airports to identify genuine threats to safety.
I am sure that the Government recognise the need to keep reviewing legislation relating to unmanned aircraft. The incident at Gatwick Airport in December 2018 and other incidents and the subsequent emergence of the Bill suggest that someone or somebody had not kept their eye fully on the ball regarding the relevance of legislation by ensuring legislation continues to reflect current realities and technological developments. It is not unreasonable to suggest that a strategy should be drawn up for reviewing legislation to ensure that that does not happen again. At Second Reading, the Minister, speaking for the Government, said:
“Of course, the world of drones and airspace change never stops, so we will continue to review the legislation to ensure it remains fit for purpose, particularly for drones.”—[Official Report, 27/1/20; col. 1292.]
As I said, I am not sure that that has been the case in the light of the Gatwick incident in the sense of updating the legislation in time.
Will the Government’s strategy for reviewing legislation relating to unmanned aircraft be conducted in a piecemeal manner, responding to problems and issues as they come to light, or will we have a comprehensive review of all aspects of legislation relating to unmanned aircraft, as some have called for? The Airport Operators Association says in its briefing—which I am sure a number of noble Lords will have received—on Part 3 of the Bill on unmanned aircraft: “We are, in addition, disappointed that the Government have not taken the opportunity to include other elements called for by the majority of the industry and achieve one comprehensive piece of legislation on drone safety and usage.”
The piecemeal approach would appear to be in vogue at the moment. Even with this Bill, the Government have taken the line—and it has been repeated today—that this is about police enforcement powers and that, in their view, it is inappropriate to use this Bill for further unmanned aircraft regulation. There are also the Henry VIII powers in the Bill, which we have discussed. They provide for the creation of new offences by the Secretary of State, by regulation on an ad hoc basis, and for the addition of offences by the Secretary of State by regulations on an ad hoc basis. That again suggests a piecemeal approach by the Government to their continuous review of the legislation on unmanned aircraft to ensure that it remains fit for purpose. If legislation affecting unmanned aircraft is reviewed on a piecemeal basis, then when a problem or deficiency is exposed, we risk the equivalent of a second Gatwick incident.
This amendment calls for a strategy for reviewing legislation relating to unmanned aircraft—a strategy which, based on the evidence, frankly, is needed—and for that strategy to be prepared by the Secretary of State. I await the Government’s response.
Baroness Vere of Norbiton
My Lords, I thank all noble Lords who have contributed to what has been a very interesting debate. It has been more wide-ranging than I anticipated.
The Government are listening to everybody contributing to this debate—within this Chamber and beyond—about what they should be doing. Something needs to be done, but there is no silver bullet. Standing here now, I can absolutely say that there is no magic bullet, no single solution. We cannot legislate our way out of the issue facing us unless we completely ban drones. There was mention that perhaps we should have had a registration system at the outset, but we have had model aircraft for years. They have not had anything, and they too have been involved in incursions over airports. We cannot lull ourselves into a false sense of security. We cannot say that the Government are not doing enough, that something must be done and that this is all so terrible, because what in this Bill would have prevented Gatwick, for example?
Baroness Vere of Norbiton
Potentially, a transponder, but we knew where the drones were. We could see them flashing above the runway. What could we do about it? All the legislation in the world could not have done anything about that. It comes down to technology, and the work that we are doing with the CPNI to develop the counter-UAV technology. That is what we need to spend money on, and we intend to. The legislation before us is a series of things that have already been put in place under the air navigation order. The noble Baroness may criticise the approach as piecemeal, but essentially, it is keeping up with technology.
Baroness Randerson
Does the Minister accept that Gatwick was an outlier in a range of events, and that it would have been caught by noticing that, “They’ve switched off their electronic ID, so we have a real problem here”? That would not have caught the drones but it would have alerted the authorities. Does she accept that most of these potentially dangerous incursions are accidental or careless, and that having some form of compulsory electronic ID would enable the authorities to act quickly and easily? We are not talking about new technology that is way over the horizon. It is here now.
Baroness Vere of Norbiton
The noble Baroness makes a couple of very interesting points, including that in many cases, people do not intend to commit these offences and if given a slap on the wrist and a fixed-penalty notice, they probably would not do it again. When the noble Baroness asked if I wanted to make an intervention, I was listening intently because I want to hear ideas about what we should be doing that we have not done already, and where the deficiencies are.
Let me address some of the ideas of noble Lords; others we will take away and look at further. My noble friend Lord Naseby said that there must be a minimum age. There is a minimum age: you must be over 18 to operate a drone. You must also pass a competency test to be a remote pilot, but the operator of the drone is the person responsible. I think we can agree that the minimum age issue has been dealt with.
On remote ID and electronic conspicuity, the delegated Act is in UK law. The noble Baroness suggested demanding that every drone has electronic conspicuity. We do not want to favour one drone manufacturer over another. We want to ensure that the technology we receive can develop naturally. It was agreed among EU members that a three-year transition period would be appropriate, but electronic conspicuity is in British law. It will be coming over the transition period, as we agreed with our colleagues in the EU.
The noble Baroness also asked why the process is not like car registration. It already is. One must register a drone, and it has a number on it, like a car number plate. So we already have registration and competency testing; these things are already part of UK law. I am therefore still looking for what it is we should be doing better. Geo-awareness and geo-fencing, like electronic conspicuity, are in the EU delegated Act, so they are in UK law.
Forgive me—I cannot recall which noble Lord mentioned BVLOS, but we already have drones that can fly beyond the visual line of sight. It is illegal to do so; that is already within our legislation. It cannot be done without permission.
I am slightly at a loss as to where we can take this further. Noble Lords mentioned areas that stray into other parts of the law, but on privacy, for example, which the Government take extremely seriously, we want to stop invasions of people’s privacy, but we consider the existing legislation sufficient. Article 95 of the air navigation order specifies that equipment must not be flown over or within 150 metres of a congested areas or an organised open area assembly of more than 1,000 people, within 50 metres of any third person, or within 30 metres during take-off and landing. The 50-metre limit also applies to structures, including houses. Capturing an image from over 50 metres away is possible, I suppose, but then the GDPR regulations and the Data Protection Act come in to protect people’s privacy. Other criminal legislation which noble Lords considered more recently around voyeurism includes the Sexual Offences Act 2003. So, there is existing legislation which protects privacy. Again, I am happy to listen to opinions on where the legislation is deficient and how it specifically relates to drones, rather than just general privacy information.
Lord Campbell-Savours
Perhaps I can answer the Minister’s question. She asked what can be done. Very simply—if she has listened to the debate she will know—confiscate any drone that enters one of these zones.
Baroness Vere of Norbiton
I am aware that that is the noble Lord’s position, but I am not sure that evidence exists that if confiscation becomes part of the Bill, it automatically means that nothing bad will ever happen to drones—or that it will make any difference at all—given that the penalties are already far higher than the cost of a drone.
Lord Craig of Radley
I come back to the point that the purpose is its deterrent value. It would also have a public relations value. Rather than telling the owner of a drone that he or she may not fly it in a particular way, confiscation would have a deterrent value. This would encourage good behaviour and be a public relations exercise to show that the Government are taking seriously the possibility of a catastrophic accident if a drone were to hit a civilian airliner.
Baroness Vere of Norbiton
I agree with the noble and gallant Lord. The Government obviously take seriously the potential of a catastrophic accident. For those kinds of offences, the deterrent is far greater than having one’s drone taken away: it is a lengthy prison sentence and an unlimited fine. I remain unconvinced at this time that the confiscation or forfeiture of a drone is an additional means of deterrent.
I am trying to think of an example of an item being forfeited purely to provide that kind of deterrent effect. I will ask my officials to look at the issue and perhaps that will produce more convincing evidence.
Viscount Goschen
One can think of the example of the seizure and destruction of untaxed vehicles by public authorities. The specific deterrent is the loss of the vehicle in addition to any financial penalty.
Baroness Vere of Norbiton
I thank my noble friend for that good example. I am not against this; I just wonder what the evidence is. I shall ask my officials to look for more examples and to see whether it is likely to be proportionate and a deterrent, and whether the existing penalty system is sufficient to deter not only minor offences but the most serious.
Lord Campbell-Savours
The noble Viscount referred to seizure as against confiscation. Perhaps we should simply substitute confiscation for seizure.
Lord Naseby
Perhaps I may be of help. It was pointed out to me that if I did not re-licence my shotgun within the statutory time limit I was given, the gun would be taken away from my premises. I do not know whether that would be for ever, but it would certainly be taken away for a long time.
Baroness Vere of Norbiton
I thank my noble friend for his additional data, to be added to the information I will be collecting before too long.
Lord Rosser
It is a sobering thought that, as I understand it, the Government have said that no legislation could prevent what happened at Gatwick happening again or even reduce its likelihood. That seems to be the Government’s stance. I apologise for my ignorance in advance, but can the Minister confirm that there is a report into the incident at Gatwick Airport in December 2018, and can it be made available?
Baroness Vere of Norbiton
What I said about Gatwick is that there is no silver bullet; there was not one piece of legislation that would have stopped Gatwick.
Lord Craig of Radley
As a result of what happened at Gatwick, steps have been taken. So, it is not a case of just legislation stopping or not stopping it. Additional measures have been taken which make it less likely that the problems at Gatwick will arise again. At least, I hope that is the intention of the steps that have been taken.
Baroness Vere of Norbiton
The noble and gallant Lord is right; a number of steps have been taken. On the legislative side, we have looked carefully at what we can include. One of the steps taken as a result of Gatwick is that we asked CPNI to step up its work on counter-UAV technology and it has been carrying out tests. It did a call-out to industry; industry sent it whatever it had in detect, track and identify technology; and CPNI has been methodically working its way through it to see whether the technology works. Some of it does not.
We are looking carefully at providing a catalogue for airports to say to them, “This is the technology that works. We at CPNI, since Gatwick, have checked this technology and it works.” Those are the kinds of things we have been doing.
Baroness Randerson
Looking at what would make us safer, when the Minister has had the opportunity to read the record, will she write to us to clarify the position? I believe she said to us categorically that you have to be 18 to operate a drone. The CAA has pages and pages about how to register as the flyer of a drone if you are under 13. An operator of a drone has to be 18-plus, but it is quite clear that an operator of a drone is not a flyer. The CAA states that you are an operator if
“you’re the adult responsible for an under 18 who owns a drone”—
under-18s cannot just fly a drone or a model aircraft, they can own them too—
“you’re responsible for a drone that someone else will fly”
or
“you already have a flyer ID, or an exemption, and you only need an operator ID at the moment.”
It is very lax. The point I am making is that there are things the Government can do—with all due respect, my amendment asks only for a review—without breaking new ground. The idea of registration is pretty straightforward and well established in other situations.
Baroness Vere of Norbiton
The noble Baroness, Lady Randerson, has just repeated back to me what I have already said. There is a registration system. It is in existence and it is very straightforward. There are two types of people who can use the registration system. The first is a person who is over 18 and is the operator of the drone. That person is responsible. The second person might be, but does not have to be, a remote pilot. Why did we do this? Why does the remote pilot thing exist? It is to make sure that people aged under 18 can fly drones. How are we going to get our young people interested in aviation and in flying model aircraft? This is not just about drones.
Sometimes I am very struck. The Liberal Democrats sometimes come across as being very illiberal and on other points they come across as being very liberal indeed. I am slightly confused because the noble Baroness has literally just said back to me what I said to her earlier: that is already in place. The operator of a drone is the person who is responsible for it. That person has to register that drone, just like a car, with the CAA. I do not want to stop young people who are competent. Every young person has to take the test. I took the test; they have to take the test. At that point, they can fly a drone.
I do not want to prolong the discussion today, but perhaps afterwards the noble Baroness will describe to me exactly what she thinks is missing from that system, because it comes from the EU regulations. I believe the Liberal Democrats like the EU. Those are the EU regulations. They are agreed with the EU and therefore they are consistent across Europe. They make sure that there is responsibility for the drone and that young people can fly if somebody else is responsible. The noble Baroness shakes her head and says no, but I really do not want to detain the Committee any longer on something which is not wholly relevant to this amendment. We can perhaps discuss it in later groups.
I believe that I have gone into some of the details, and I hope I have been able to demonstrate that we are listening. We want to hear about what specifically we can do to make things better. The noble Baroness mentioned DJI. We, too, have been in touch with DJI and I believe it has sent a briefing to several noble Lords. It is very clear that the Bill should remain a means of ensuring safety and compliance with existing regulation because that regulation includes the EU’s implementing and delegated regulations, which UK officials helped shape. These have come into force and are in UK law.
The Government will continue to review the effectiveness of all the legislation on unmanned aircraft. It is critical to us. We will always listen to new ideas from noble Lords and stakeholders. It is important.
The Science and Technology Committee’s report Commercial and Recreational Drone Use in the UK was mentioned. I note for the record that my department stands ready to provide a response to the report—we have not yet responded—which will include references to the applicability of legislation. We will do that once the committee is reappointed.
On the basis of that explanation I hope that the noble Baroness feels able to withdraw her amendment.
Baroness Randerson
My Lords, I emphasise that my amendment simply asks for a review of the current situation. While the debate has been going on, I have looked through the specifications of modern drones; they include geofencing, altitude limits, return to home, sensor-avoid technology and ADSB in all drones weighing more than 250 grams. There are various ways of controlling them, including not just an app or traditional remote controllers but even hand gestures. We are at a very important point in the development of drones.
On the analogy with registering a car, which I initiated and the Minister took me up on, looking through the CAA’s pages there does not appear to be a requirement for the registered operator to be present when a drone is flown by a child. With all due respect, larger drones, as the noble Lord said earlier, are not toys and have a huge potential impact. I think the Government are guilty of some complacency; they are certainly guilty of being behind the curve. A review would provide a good opportunity for them to come up to speed. However, I beg leave to withdraw my amendment.
Baroness Randerson
“Additional requirements for drones
(1) The Air Navigation Order 2016 (S.I. 2016/765) is amended as follows.(2) After article 94(5) insert—“(6) The person in charge of a small unmanned aircraft must not fly the aircraft unless its geo-fencing equipment is in operation and up-to-date.(7) The person in charge of a small unmanned aircraft must not fly the aircraft unless it is remotely identifiable and this identifier is linked to the person in charge through the Drone and Model Aircraft Registration and Education Service.(8) The requirements for geo-fencing equipment and remote identification do not apply to a person in charge of a small unmanned aircraft with a permission granted by the CAA to operate without these restrictions.””Member’s explanatory statement
This amendment places additional requirements on drones, so that they must have up-to-date geo-fencing equipment and mandatory remote identification.
Baroness Randerson
My Lords, Amendment 32 follows similar lines to Amendment 31 but is much more specific. It amends the Air Navigation Order 2016 to introduce an obligation for geofencing equipment to be up to date and working. It provides that persons in charge who have electronic identification must not switch it off, and must have that identification on a register linked to their name. Currently, we still have drone users without registered drones. As I said earlier, there are good reasons why some people do not, and should not, have to register; the amendment allows for exceptions.
Basically, I have selected some simple steps that can be taken now. They do not anticipate future technological developments; they deal with what exists now. I accept that one might debate many things about how we control and use drones in the most sensible way, but these are simple, basic improvements to the control of drones by government legislation which benefit the whole of society, as I stated in my previous amendment. I do not wish to repeat what I said then. I beg to move.
Lord Rosser
My Lords, I have an almost identical amendment to that moved by the noble Baroness, Lady Randerson. I am sure that nobody wishes to hear me deliver virtually the same speech as the one delivered by the noble Baroness. I support what she has said and hope we will find that the Government do too.
Baroness Vere of Norbiton
I am very pleased that this group came immediately after the previous one because I too will probably be saying pretty much what I said before. Obviously, geo-awareness and electronic conspicuity are important parts of the delegated regulation. Even though the noble Baroness would perhaps like these to be introduced sooner, I am sure she would accept that, while we are in our transition period, we have to follow EU law. The two items identified in this amendment are already in UK law; there is a three-year transition period in which they will come into effect. The noble Baroness mentioned that new drones can be purchased with all these things. There are people in the model aircraft community who will be very quick to write to all noble Lords to tell them why the transition period of three years is required. I have been at the receiving end of one their campaigns; it involves a lot of letters.
There are many reasons for the three-year transition period. While we were a member of the EU we could not change it, as the noble Baroness, being a Liberal Democrat, well knows. Those two requirements are already there so, from the point of view of the amendments, we can put them to one side. I have been through the registration issue several times: there is an operator and there is a remote pilot; the remote pilot is under the responsibility of the operator and can be under 18. It is nobody’s interest to stop people under 18—a 16 year-old, for example—flying these vehicles.
On remote identification, once electronic conspicuity is ubiquitous, we will be able to link the identifier to the registration system. At the moment, there is literally a physical number on a drone; that will change over to electronic conspicuity once the transition period is over. The model aircraft people will have put electronic conspicuity into all their aircraft by then and the entire system should be ready to go. I hope that, given this explanation, the noble Baroness will feel able to withdraw her amendment.
Lord Whitty
“Unmanned aircraft safety features
After article 94(5) of the Air Navigation Order 2016 (S.I. 2016/765) insert— “( ) The person in charge of a small unmanned aircraft must not fly the aircraft if its inbuilt safety features are inoperable or have been disabled.””Member’s explanatory statement
This would provide that a drone should not be flown if its inbuilt safety features, such as geo-fencing, lights, transponder etc, are broken or have been deliberately disabled.
Lord Whitty
My Lords, in moving Amendment 33A, I will speak also to Amendments 33B and 33C in this group. I declared earlier that I am vice-president of BALPA. It will come as no great surprise that these amendments emanate largely from BALPA. It supports the general direction of the Bill and wishes to see it enacted. It recognises that there are additional issues that will have to be addressed by the Government subsequently, but in the immediate term some of the enforcement measures, and the description of what needs to be enforced, can be clearer and more effective, and these three amendments pick out three of those. They do so in a way that does not leave to secondary legislation a description or an invention of another criminal offence. They would put it in primary legislation in the context of this Bill and of the various Acts, such as the Air Navigation Order and the police powers Acts, that already exist.
Lord Balfe (Con)
My Lords, I offer my apologies as I was not able to be here for Second Reading, which I know traditionally one is before one speaks. I draw noble Lords’ attention to my entry in the register, which lists me as the president of BALPA, an office that I am very pleased to fulfil.
I support the points made by the noble Lord, Lord Whitty. These are basically safety amendments. We are looking for a positive statement from the Government, which I am sure will be forthcoming. Amendment 33A, as the noble Lord has said, is about the safety features being inoperable. We are particularly concerned if they are disabled deliberately. Of course, sometimes they are inoperable because they just do not work but on other occasions they can be deliberately disabled, and clearly that should not be allowed.
Amendment 33B says a single person can operate only a single drone at any one time. That we see as a matter of basic safety, and we hope it will find favour. On Amendment 33C, as the noble Lord has said, regulations concerning drugs and alcohol are fairly common in industry and in all these situations. I hope the Minister will feel able to give a positive response to the amendments and read into the record the Government’s support for at least the intention of what we are seeking to do.
Lord Craig of Radley
My Lords, I too support the thrust of these three amendments. On the first of them I would need to be quite clear, though, whether the requirements of particular safety features are a legal requirement. If they are not, I believe that they should be; but I assume that they are, which is why they are mentioned in this way. I also note in passing that the phrase
“in charge of a small unmanned aircraft”
is used. We have been talking about various ways in which those aircraft are managed. Is there somebody controlling them or are they being operated? For the sake of clarity, if we are going to use a word such as “controlling”—or any other word—it should be part of the legislation to define what is meant by the phrase or phrases that are used in it.
The amendment regarding one single unmanned aircraft could be restrictive but, to start with, that is perhaps the right way to go—not to immediately talk about allowing two or more, or even a swarm, of small unmanned aircraft to be flown. In passing, if such an arrangement were allowed would the collective weight of the swarm be taken into account, rather than just the weight of an item within that swarm? That could affect it, bearing in mind the weight limitations that are already in legislation.
On the point of the third amendment, alcohol, I know that the Minister talked about alcohol in the letter that she wrote. She said that if it were necessary, it would be a matter for an air navigation order because alcohol and drugs are of such significance in the safety of aviation. The Explanatory Notes refer to anybody fulfilling an aviation function, but surely the operator or controller—the man, woman or child in charge of a small, unmanned aircraft—is performing an aviation function. The Railways and Transport Safety Act 2003 seems a very appropriate place for alcohol and drugs to be covered, rather than leaving it to an air navigation order.
Lord Kirkhope of Harrogate (Con)
My Lords, I add my support for these amendments, particularly Amendment 33C. Perhaps my noble friend the Minister needs to go no further than to look at the provisions and requirements in the armed services for those who are engaged in the use of drones. Although the rules here will presumably apply to civilians, those provisions are sensible in regard to the questions of alcohol and drugs, and of control. Maybe she could find the precedent that she needs if she looks at the service agreements for those involved with operating drones in the services.
Viscount Goschen
My Lords, I certainly support the thrust of what the noble Lord, Lord Whitty, seeks to achieve with his series of amendments but there are perhaps dangers in them as well, considering how these aircraft might be utilised in the future. We are back to the central difficulty with the Bill: how to future-proof it. There could be circumstances in the future where a system of small, unmanned aerial vehicles is used for inspecting pipelines, patrolling beaches—looking for those who are smuggling or bringing in illegal immigrants—or monitoring weather conditions. All sorts of things could require a system of small UAs to be operated. It is entirely conceivable and technologically possible that they could be operated at the moment by computer systems: by algorithms with a single, nominated person in charge of a system of multiple vehicles. That might be much safer than having someone with little experience looking out of the window and trying to control a single aircraft. While I sympathise with the thrust of the amendments, when my noble friend comes to her response perhaps she might care to address that point. The noble Lord, Lord Whitty, might think about it as well.
Baroness Randerson
My Lords, I support these amendments. There is a contradiction at the heart of all the discussion here. Where the Minister sees youngsters having fun and flying a modern version of a model aircraft, others across the House see drones as highly technologically advanced and hugely important to our economy. We see all sorts of aspects of safety and security for the country, as drones are already misused on a fairly wide scale in certain circles. The clue is in the name. The Government call them “small unmanned aircraft”—I would rather they had used “uncrewed aircraft” as going back to the concept of “manning”, which we got out of legislation some years ago, is rather depressing, but that is beside the point. The point here is that the Government are calling them “small unmanned aircraft” and, therefore, the rules associated with aircraft need to apply. That you might have had too much to drink or might be high is now considered totally unacceptable in respect of other functions, so the noble Lord is drawing attention to some basic, sensible rules about how drones should be used. That is not to be overly onerous, because one person’s risk is another’s terrible danger. We have to be sensible about the implications for safety in this field.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Whitty, for tabling these important safety amendments. I will take a moment to rebut the noble Baroness, Lady Randerson, who seems to imply that, for some reason, the Government do not care about safety. Continually her remarks seem to imply, “Well, we see the danger and the Government do not.” The Government do see the danger and are looking at all ways to mitigate it, while not crushing an industry that could be incredibly important to our nation and its future.
I shall address in detail the three amendments tabled by the noble Lord, but I want to reassure him and noble friends on the Benches behind me that the Government feel that maintaining the highest standards of safety is a top priority, in relation to both manned and unmanned aircraft. That is why failing to meet requirements such as being reasonably satisfied that a flight can safely be made are already offences under the Air Navigation Order. More serious offences such as endangering the safety of an aircraft could also apply.
For example, Amendment 33A refers to “inbuilt safety features”. They are not necessarily defined, but I take it that we should talk about the thrust of the amendment rather than the detail. As has been covered several times today, the EU regulations being transposed into UK law cover much of what is covered by the noble Lord’s first amendment. The inbuilt safety features to which I think he is referring, such as electronic conspicuity, are within that. The noble Lord mentioned that they could not be turned off—indeed they cannot, because should they be turned off that would be illegal, as the devices would then not have electronic conspicuity. Under the regulations in place—we are in the transition period—those things would have to be on and functioning. Turning them off would not be an option, because that would then be illegal.
On being under the influence of drugs or alcohol, again, this is a really important area. Under the Air Navigation Order, for any remote pilot—that is, the person flying it rather than the person who takes responsibility for it or owns it—who flies a small unmanned aircraft without being reasonably satisfied that the flight can safely be made, perhaps because they are under the influence of drugs or alcohol, there is a potential fine on conviction of up to £2,500. For further, more serious cases of unsafe flying, a pilot found guilty of recklessly or negligently causing an aircraft to endanger a property or person could be sentenced to up to two years in prison, which is quite a significant sentence for being over the limit.
However, I want to bring to noble Lords’ attention more specific regulation: that is, the implementing regulations. I have talked a lot today about delegated regulation today; there is also the implementing regulation, which is also coming from the EU. That states specifically that a remote pilot must not fly an unmanned aircraft when under the influence of psychoactive substances or alcohol.
Therefore, while I accept that the noble Lord’s intention is to make safety changes—and safety is our highest priority—I hope that I have been able to convince the noble Lord, at least for the time being, that we already cover the issues that he hoped to raise.
Lord Whitty
My Lords, I thank the Minister for her support for the intention of the amendments. On the third amendment, on alcohol and drugs, whether or not the matter is covered by EU regulations in one sense, it is important that operators of drones understand that they should be under the same degree of discipline and self-control as pilots. It is therefore important that it appears in the same place in primary legislation. I am grateful to the Minister for spelling out that there is implementing legislation as well as the initial transposed EU legislation, which may make that clearer—but, even so, it is important that people on the ground do not regard themselves as being in a different category from those in control of aircraft in the air. I do not therefore completely accept that the matter is already covered.
On the first amendment, I say in reply to the noble and gallant Lord, Lord Craig, that, clearly, we are talking about the legally required safety regulations. Again, I hope that the Minister’s assurance that this matter is already covered stands up and I would welcome that being spelled out in letters that I could share with my colleagues. We will see whether we need to come back on that.
On single operatives, I accept, as I said in opening, that technology may get us to a situation where, for certain specific purposes, there is a single controller of a number of machines. I think that that should be dealt with as an exception, however, so that if an inspection company for a pipeline or a navigation, or for land management purposes, wants to use a single controller for several drones that are all doing the same task, or different aspects of the same task, that should probably be dealt with under an exceptional licence.
The principle should be that there should be one pilot for one machine, which is what this would require. The Minister did not comment in great detail on that: no doubt she can have another look at it. I am pleased that there seems to be general support for the principle, even if some of it may already be indirectly on the statute book through European legislation. I am very grateful, of course, for the Government’s endorsement of retaining that European legislation, in this field at least. For the moment, however, I beg leave to withdraw the amendment.
Lord Rosser
“Strategy on managing risks from unmanned aircraft operated from overseas
(1) The Secretary of State must prepare a strategy for managing risks arising from unmanned aircraft operated from overseas.(2) The Secretary of State must publish the strategy no later than twelve months after this Act is passed.(3) The Secretary of State must keep the strategy under review and revise it if appropriate.(4) The Secretary of State must publish any revised strategy.”Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish a strategy on managing risks arising from unmanned aircraft operated from overseas.
Lord Rosser
This amendment is primarily to ascertain whether the Government believe that there is a risk arising from unmanned aircraft operated from overseas and, if they do, what their strategy is for dealing with it.
At Second Reading, I referred to the power, which we know is in the Bill, allowing a police officer to require a person to ground an unmanned aircraft if they have reasonable grounds for believing that the person is controlling the unmanned aircraft. I asked if there were powers available if the unmanned aircraft were being controlled by a person operating it from outside the United Kingdom or, indeed, from within our coastal waters. It would be helpful if the Government would say whether there is a strategy for managing risks arising from unmanned aircraft operated from overseas. Do they consider there is a risk from this source at all?
Baroness Vere of Norbiton
I thank the noble Lord, Lord Rosser, for raising this very important point. Certainly, the Government are well aware of a wide range of risks relating to unmanned aircraft and the fact that they may, in due course, be operated from overseas. That is one of the risks we are considering.
The Government published the UK Counter-Unmanned Aircraft Strategy in October 2019. That strategy aims to safeguard the potential benefits of unmanned aircraft—because they can bring substantial benefits to the UK—by setting out our approach for countering the threat posed by their malicious or negligent use. I stress that this is very much work in progress. As all noble Lords have commented today, this technology moves very quickly, but the focus of this strategy is on keeping the UK public safe and protecting our critical national infrastructure, prisons and crowded places, irrespective of where the threat originates, in the UK or externally. It is therefore not necessary to prepare and publish an additional strategy specifically for managing a threat from overseas; it is something that is under consideration and was considered as we prepared the strategy.
As I have said many times today, the strategy recognises that there is no silver bullet: we must look at all the threats and at mitigating them all, both through the Bill before your Lordships today and through more practical elements, such as training the police, making sure that airports have access to the technology, as I explained earlier, and making sure that everybody using the technology or putting these powers in place has the training and guidance needed to respond effectively to the threat. I hope that, based on that explanation, the noble Lord will feel able to withdraw his amendment.
Lord Rosser
I thank the Minister for her response, and I beg leave to withdraw the amendment.
Lord Rosser
Member’s explanatory statement
This amendment is linked to the other amendment to Clause 20 in the names of Lord Rosser and Lord Tunnicliffe.
Lord Rosser
The two amendments in this group would require the Secretary of State to consult those involved in or affected by the incident at Gatwick Airport in December 2018 and to report on the consultation to both Houses of Parliament. What has driven these amendments more than anything else is that I am still not clear about the extent to which the Government went back to consult those who took part in the original consultation, to see whether they had anything useful to add in light of their experience of what happened at Gatwick in December 2018 that might have had relevance for what appears in the Bill we are considering today. As we know, two public consultations took place prior to this Bill and, indeed, prior to the incident in December 2018.
My noble friend Lord Tunnicliffe referred to this at Second Reading, when he asked whether there had been any consultation on the legislation with those involved in the Gatwick incident. The Government’s response was less than explicit. They said only that there had been contact with the police force
“around Gatwick and … all over the country”
and meetings with
“other stakeholders to discuss these matters in general.”
The Government also said that
“a cross-government working group … looked at stop and search powers”
and
“agreed that the focus of the powers should not only be directed towards aviation and airports but be applicable to other areas such as prisons”.—[Official Report, 27/1/20; cols. 1291-2.]
In conclusion, they said they could not “delay any longer”. One might draw an inference from that comment that few of those organisations or individuals involved or affected by the Gatwick incident were consulted so that their potentially useful recent information or experience could be taken into consideration when determining the provisions that should be in this Bill or what provisions of a non-legislative function might be taken.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Rosser, for giving me the opportunity to share as much information as I have with him. I will certainly share more if he is still yet to be convinced. As to whether there is a report on Gatwick—my apologies for not covering this earlier—I do not know but will investigate and return to it in a letter to him.
This amendment is on consultation. Ministers and officials from the Department for Transport and the Home Office have engaged with a range of stakeholders throughout the development of this Bill, including but not exclusively those listed in the amendment, and will continue to do so to make sure that our legislation remains fit for purpose, ensuring that lessons learned from those directly involved in responding to unmanned aircraft incidents, whether Gatwick or others, are considered and acted upon.
In the aftermath of the Gatwick incident, the Government worked with the police, the airport and other relevant organisations to learn lessons from the response. There were debriefs, workshops and future planning meetings so that we could look at and extrapolate from the event. Since Gatwick, the counter-drone community has moved forward at pace. We have a broader understanding of the threat posed by drones—hence our work with the CPNI on detecting, tracking and identifying equipment and how that might be deployed. We also continue to consult widely. For example, the UK Counter-Unmanned Aircraft Strategy, our main focus following Gatwick and prior to this Bill, was published in October 2019 and followed ongoing engagement with both those on and not on the list because we wanted the widest input we could get.
I turn to some of the specific bodies: first, the police. For the first few months after the Gatwick incident, the counter-drone unit in the Home Office, which worked jointly with my department on this Bill, had an embed in its team from Sussex Police who was involved with Gatwick. That was extremely helpful. Since May 2019, a chief inspector from the National Police Chiefs’ Council has been embedded in this team with the national police lead for counter-drone systems, providing operational advice on how the provisions in the Bill will be put to use on the ground.
We see Gatwick Airport regularly and seek regular input from all airports because it is often the case that the larger airports will be able to react in a very different way to the smaller airports—something we have not really touched on today.
Baroness Randerson
At the time, a key issue revealed by Gatwick was the question of who was responsible for the operation of equipment. That has been clarified, as the Minister has indicated, in relation to the larger airports. Have the Government yet reached agreement with smaller airports, police services and the Army throughout Britain on who is responsible for ensuring that appropriate equipment will be deployed at smaller airports if such an incident happens there?
Baroness Vere of Norbiton
The noble Baroness has hit a particular nail on the head. That is why the catalogue of equipment is being developed by the CPNI. It is encouraging the leasing of equipment. Airports are responsible for safety and security within their boundaries, so they are being encouraged, where they feel it is appropriate, to lease appropriate equipment. Not all airports are the same, because of different sized sites and all sorts of different reasons. There is always ongoing engagement with the Ministry of Defence and the police. Every incident is dealt with on a case-by-case basis because, interestingly, no two incursions are the same. Some can be dealt with extremely easily and others require a different approach. We are well aware of the difference.
It is not just the different sizes of airports. There are various other bits of critical national infrastructure that fall under this entire threat picture. We are cognisant of that; it is part of the work on the strategy to make sure that we have the appropriately flexible response to make sure that we can deploy resources in the best way.
We have also been engaging with the Ministry of Defence. Along with the Home Office, my department works closely with the Ministry of Defence to share learning from its military work overseas and how best to work with the counter-drone industry. We work closely with the Civil Aviation Authority, including on the development of the drone code and drone registration scheme. Since Gatwick, the code has been reviewed and the drone registration scheme has come into existence.
We have regular meetings with BALPA, which is always a pleasure, and we are very interested in what it has to say. We also see a wide range of other bodies, either regularly or on an ad hoc basis, which includes the drone and counter-drone industries, regulatory bodies, airports and other critical national infrastructure sites, academia, and in particular international partners— this is not just a UK issue, and we speak to our international colleagues about it. I had a meeting with people from the States just a couple of weeks ago; they are facing the same problems, and we should not think that we are behind the curve, because we are certainly not.
I hope that, based on that explanation, the noble Lord will feel able to withdraw his amendment.
Lord Rosser
I thank the Minister for her response, and I beg leave to withdraw the amendment.